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Human Rights Law

Scholarly Works

University of Nevada, Las Vegas -- William S. Boyd School of Law

2015

Articles 1 - 2 of 2

Full-Text Articles in Law

Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan Jan 2015

Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan

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Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …


Immigrant Victims, Immigrant Accusers, Michael Kagan Jan 2015

Immigrant Victims, Immigrant Accusers, Michael Kagan

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The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …